Constitutional reform and social rights: The need for a new paradigm in Spanish public law

Authors

  • Juli Ponce Solé Universidad de Barcelona

DOI:

https://doi.org/10.18042/cepc/redc.111.03

Keywords:

Constitutional reform, social rights, subjective rights, regression, public budget.

Abstract

The economic, social and political crisis has created the idea that we need a reform of the Spanish Constitution. Given the traditional jurisprudence and the case law of the Constitutional Court, according to which social rights are not directly enforceable rights but mere political mandates, some other opinions consider that we need to strengthen their character of subjective rights. Considering that the dominant conception of social rights and the constitutional case law have created the current situation, a simple change in the letter of the Spanish constitution could not be enough. This article proposes the main lines for a new language of social rights that assures the protection of social rights, following international standards and foreign experiences.